Gates v. Little Fay Oil Co.

The opinion of the court was delivered by

Mason, J.:

G. W. Gates and T. S. Breckenridge, partners, brought an action against the Little Fay Oil Company and J. E. Crosbie to recover the agreed price for drilling an oil well. It was admitted that the well had been drilled, and that the price sued for was that agreed upon. The trial was upon a defense and counterclaim set up in the answer, to the effect that while preparations were being made to shoot the well an employee of the plaintiffs carelessly or willfully caused a wire to be dropped into it, as a result of which it was rendered entirely…